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Supreme Court Battle: This Is Going To Be Messy

See:

Gary Fineout, Marc Caputo and Matt Dixon.  "Florida Republicans: Nominating Lagoa could clinch state for Trump.  Politico, Sept. 20, 2020.

Dan McLaughlin  "Why There Has Never Been a Supreme Court Justice Confirmed in the Fall of a Presidential Election Year." National Review, Sept. 21, 2020.



SUPPORT [reverse chron]
Senate Majority Leader Mitch McConnell

September 24, 2020

Every Single Time”: Far Left Attacks on Nominees Have Not Changed in 45 Years

‘Every time in 45 years that a Republican president has nominated someone to the Supreme Court, the exact same set of clichéd horror stories are wheeled out of storage, dusted off, and paraded past the American people.’

WASHINGTON, D.C. – U.S. Senate Majority Leader Mitch McConnell (R-KY) delivered the following remarks today on the Senate floor regarding the Supreme Court vacancy:

“President Trump has stated he will announce his nominee to the Supreme Court the day after tomorrow.

“We do not yet know which legal all-star from his list he will nominate.

“But strangely enough, we already do know exactly what the far left will start shouting the instant she or he is introduced.

“Isn’t that a little curious, when you stop to think about it?

“A confirmation process is ostensibly about the qualifications and credentials of the nominee.

“So why is it that practically any citizen could sit down at their kitchen table right now, days before the nomination, and write down in advance the list of ludicrous accusations the far left is guaranteed to be screaming by Saturday night?

“It’s because year after year, decade after decade, the far left’s playbook stays exactly the same.

“To them, the nominee makes no difference. Every time in 45 years that a Republican president has nominated someone to the Supreme Court, the exact same set of clichéd horror stories are wheeled out of storage, dusted off, and paraded past the American people.

“In 1975, President Gerald Ford put forward a nominee whom the left blasted for his, quote, ‘consistent opposition to women’s rights’ and, quote, ‘an extraordinary lack of sensitivity to the problems women face.’

“Who was this far-right ideologue who was going to turn back the clock? Why, the late Justice John Paul Stevens, who went on to lead the Court’s liberal wing for decades

“In 1987, it was time for an encore performance. A nominee from President Reagan was absolutely savaged by liberal groups. The president of one left-wing group insisted he was a ‘sexist’ and ‘a disaster for women.’

“That would be Justice Anthony Kennedy. Once again, the sky did not fall.

“In fact, when Justice Kennedy retired in 2018, the new head of the exact same liberal organization stated they were ‘saddened and alarmed by [his] retirement.’

“The exact same liberal outfit said the sky was falling in the 1980s because Justice Kennedy had been nominated and that the sky was falling in 2018 because he was retiring.

“In 1990, they got the band back together yet again. This time, the sky was falling for sure.

“President Bush had picked someone whose record was ‘very troubling’...

“Whose jurisprudence would surely, quote, ‘threaten to undo the advances made by women, minorities, dissenters, and other disadvantaged groups’...

“Whose confirmation would mean, quote, ‘ending freedom for women in this country.’

“Talk about wearing out the volume knob.

“Oh, that was future Justice David Souter, by the way. One slogan simply said ‘Stop Souter Or Women Will Die.’

“He, too, would go on to become a favorite Justice of many of these very same groups.

“But it has still never occurred to them to get their crystal balls checked. The same unhinged attacks pour out every time. The same absurd scare tactics. Every single time.

“These people are the left-wing version of that broadcaster who spent 20 years predicting different dates for the end of the world, raising money, and just inventing a new date every time he was wrong.

“Justice Scalia was unfit. Justice Thomas hated the rule of law. Justice Alito was ‘hostile to the rights of women.’

“It’s all one big scam directed at the American people.

“In 2005, one left-wing outfit cut a television ad that tried to link our now-Chief Justice of the United States with a violent bombing of an abortion clinic.

“How despicable can you get?

“Before this disgusting ad was pulled off the air, it said a future Justice John Roberts would, quote, ‘excuse violence against other Americans.’

“Every single time. No matter how upstanding, no matter how qualified. No matter their views, no matter their record. Every nominee gets the same insane treatment so long as the president who nominated them is not a Democrat.

“When Democratic presidents nominate people, none of this happens. When we confirmed Justices Ginsburg and Breyer, I don’t recall angry mobs stalking Senators. When we confirmed Justice Sotomayor, I don’t recall weeks of character assassination. When we confirmed Justice Kagan, I don’t recall the mainstream media declaring the death of democracy.

“For half a century, we’ve seen this double-standard. When a Democratic president makes a nomination, it’s a non-event by comparison. The coastal political class and their friends in the media allow our national life to go on like normal.

“But whenever a Republican dares to nominate someone, the same people declare it a state of emergency.

“So, sadly, we already know what reaction we will see on Saturday. Fill-in-the-blank opposition.

“Remember, in 2017, we saw literal fill-in-the-blank opposition.

“Demonstrators wanted to assemble outside the Court before they even knew who President Trump would name. So they literally brought stacks of signs that said: ‘Oppose  ___(blank)___!’ And they brought markers, so they could scribble in a name during the President’s remarks, before the TV cameras cut to them.

“In 2018, moments after the President announced now-Justice Kavanaugh, one left-wing group published a typically absurd statement declaring ‘Trump’s announcement today is a death sentence’ and, quote, ‘white patriarchal supremacists… now have free reign.’

“But the actual nominee was so irrelevant to their scam that they literally forgot to fill in the blank.

“The very first line of their press release condemned, quote, ‘Donald Trump’s nomination of XX to the Supreme Court.’

“So it’s safe to say the American people could start writing their Bingo cards now. We already know every outlandish claim and unhinged attack we’re going to hear.

“In fact, former Vice President Biden has already cut to the front of the line. Just yesterday he offered the following assessment, prior to learning who he is assessing. Quote: ‘Women’s rights as it relates to everything from medical health care is going to be gone.’

“Good luck deciphering what he’s trying to say. It sounds like more of the same old junk.

“Perhaps the nation will soon watch this man in his late 70s condescend to explain women’s healthcare to one of the brilliant women whom President Trump indicates he is considering.

“Fortunately, the far-left scam artists do not get a vote. The special interest groups’ fundraising appeals do not get a vote. The fate of this nomination will be determined by the United States Senators whom the American people elected to do this job.

“A fair hearing, a fair process, and fair vote on the actual nominee. Forget about fill-in-the-blank.”


Donald J. Trump for President, Inc.
September 20, 2020

Trump campaign statement on Supreme Court vacancy 

“When there’s a Supreme Court vacancy, the President selects a nominee and the Senate provides advice and consent. That’s what the Constitution says and those are the only rules.  There has been an open seat on the Supreme Court in a presidential election year 29 times in American history, and in every single case the president has nominated a candidate. Voters elected Donald J. Trump president in 2016 and gave Republicans an expanded majority in 2018, so the people already have spoken. The President has placed two well-qualified justices on the court so far and he is about to select a third. Americans can see the names on his list of potential nominees, while Joe Biden is hiding his list of people he would consider if he were president. Biden knows that he is an empty vessel for the radical left and that’s why he’s refusing to be honest with the American people about who he would want on the court. But make no mistake about this: The President has been clear that he will nominate a woman to fill that seat and the Senate should vote to confirm her.”

- Tim Murtaugh, Trump 2020 communications director


 



OPPOSE [reverse chron.]
Demand Justice

September 24, 2020

Leading Conservative Figures Disavow Senate Republicans’ Push to Fill Supreme Court Vacancy Before the Election

WASHINGTON, D.C. -- This week, leading conservative voices disavowed Senate Republicans’ rush to push through a nominee to fill Ruth Bader Ginsberg’s seat before the November election.

Vermont Governor Phil Scott: “While it is important to take the time to mourn [Justice Ginsburg’s] passing, we must also follow precedent, as well as her dying wishes, and delay the appointment process until after Inauguration Day.”

Massachusetts’ GOP Governor Charlie Baker: “I urge President Trump and the U.S. Senate to allow the American people to cast their ballots for President before a new justice is nominated or confirmed. The Supreme Court is too important to rush and must be removed from partisan political infighting.”

Maryland Governor Larry Hogan: "I think it would be a mistake for the Senate to ram through a nominee before the election on a partisan line vote”

Former Arizona Senator Jeff Flake: “In 2016, nine months before an election, we Republicans said that the next president should fill a Supreme Court vacancy. Today, six weeks before an election, we should hold the same position. Preserving the institution of the Senate should be paramount to any political gain.”

The Lincoln Project: “In a presidency marked by corruption, malfeasance, incompetence and a profound disrespect for the American system of government and our Constitution, any nominee put forward by Donald Trump…would forever bear the stain of a majoritarian, hyper-partisan choice made by a president and Republican Senate majority desperate to cling to power.”

On Tuesday, 10 former federal judges released a letter arguing the Senate should not consider a Supreme Court justice before the election “for the sake of the Court.” The signatories of the letter included 3 Republican-appointed federal judges:


  • Stephen C. Robinson, former United States District Judge who served on the United States District Court for the Southern District of New York from 2003 to 2010, nominated to the bench by President George W. Bush.

  • William H. Webster, former Judge on the Eighth Circuit Court of Appeals, nominated to the bench by President Richard Nixon.

  • Ann Claire Williams, former Judge on the Seventh Circuit Court of Appeals and U.S. District Court for the Northern District of Illinois, Nominated to the District Court bench by President Ronald Reagan


Biden for President
September 20, 2020

Excerpt from Remarks as Prepared for Delivery by Vice President Joe Biden on the Supreme Court in Philadelphia, Pennsylvania

...The voters of this country should be heard. Voting has already begun in some states.
 
And in just a few weeks, all the voters of this nation will be heard. They are the ones who should decide who has the power to make this appointment.
 
This appointment isn’t about the past. It’s about the future. And the people of this nation are choosing the future right now.
 
To jam this nomination through the Senate is just an exercise in raw political power.
 
I don’t believe the people of this nation will stand for it.
 
President Trump has already made it clear this is about power. Pure and simple.
 
Well, the voters should make it clear on this issue and so many others: the power in this nation resides with them — the people.
 
And even if President Trump wants to put forward a name now, the Senate should not act on it until after the American people select their next president and the next Congress.
 
If Donald Trump wins the election — then the Senate should move on his selection — and weigh that nominee fairly.
 
But if I win the election, President Trump’s nomination should be withdrawn...
 
full remarks

TO:                  Interested Parties
FROM:            Rachel O’Leary Carmona, The Women’s March
DATE:             September 19, 2020
RE:                  How Women Can Stop this Nomination


As you are covering RBG and the Court vacancy, this strategy memo (attached and below) from Rachel Carmona, Executive Director of the Women's March, lays out the political, organizational, and electoral considerations that will guide the week ahead. 

With limited procedural tools available to Senate Democrats, the only thing standing in the way of Trump filling RBG’s seat will be millions of women in the streets – and that’s what Women’s March is all about. Women’s March is going to play a major role in organizing the mass resistance to any Trump SCOTUS nomination, as laid out in this memo.

Carmona and Director of Community Engagement Tabatha St. Bernard-Jacobs are available to speak about the imminent political fight, and how blocking this nomination is going to come down to the power of women.   
 

If Donald Trump is allowed to appoint another Supreme Court Justice, Roe v Wade will be overturned. It’s that simple. This is everything that the Women’s March has warned about since day 1 of Trump’s presidency. This is the moment we’ve been preparing for: 

We have drawn a clear line in the sand: there can be no nominee until the next administration. That means no meetings, no confirmation hearings, and no votes before the new president is sworn in in January. Trump and the Republicans cannot be allowed to appoint another Justice and create a 6-3 conservative majority that would overturn Roe v Wade. We won’t let that happen. We are willing to put our bodies on the line to stop them. 

The only thing that will stop Trump from filling RBG’s seat is getting millions of women into the streets – and that’s what Women’s March knows how to do. Women’s March is going to be at the center of this fight, playing a lead role in organizing massive resistance to Trump’s SCOTUS nomination. It’s going to make the opposition to Justice Kavanaugh seem minor by comparison. 

Beating Trump and blocking this nomination is going to come down to the power of women. The women of Women’s March have been leading the resistance to the Trump Administration since Day 1. The through line from the first march in January 2017 to the 2018 elections to this fight for the future of the Court and the country? It's women. The power of women is the driving force in American politics.

Republicans are making a serious mistake. This nomination is going to galvanize and motivate our base more than theirs. Historically, conservatives have cared more about the Court. That just changed. This court fight is not just about the base – this affects everyone. This election will decide whether abortion continues to be legal in the United States. This is the rare political moment that breaks through into the general consciousness, and will grab the attention of people who don’t normally pay attention to or even think about the Supreme Court. With control of the Supreme Court at stake, we expect massive turnout in this election -- fueled by women voting in record numbers.

This is a losing issue for vulnerable Republican Senators. When you look at who’s up for reelection -- McSally in Arizona, Gardner in Colorado, Collins in Maine -- Biden is up big in each of those states. They need Biden voters to win. Everyone knows that Mitch McConnell has no shame, but he has also shown that he is responsive to vulnerable Republicans in his caucus -- and this is a losing issue for them. 

If Republicans try to fill the seat before the election, Biden will win in a landslide, and Democrats will take the Senate with enough seats to pack the court – with a base that will be demanding it and the mandate to do it. 

Women’s March is one of the lead organizers of tonight’s mass vigil on the steps of the Supreme Court. Tonight’s vigil will be a powerful visual of what to expect from now through election day and any potential lame duck session: women doing whatever it takes to protect our rights -- the rights Justice Ginsberg spent her life fighting for. 

Women’s March Executive Director Rachel Carmona and Director of Community Engagement Tabatha St. Bernard-Jacobs are available to speak about the coming court fight and blocking this nomination is going to come down to the power of women: 

Rachel O’Leary Carmona
EXECUTIVE DIRECTOR 
she // her // hers

Rachel O'Leary has helped to inspire, equip, and mobilize people to shape the actions and policies that affect their communities for well over a decade. Rachel is a first generation Mexican American from the Northside of Milwaukee, Wisconsin. A recognized expert on building transformational online and offline communities and networks, Rachel has held leadership positions with Women for Women International, Girl Scouts of the USA, the Gay & Lesbian Alliance Against Defamation, Wisconsin Public Television, and with the Mayors offices in Memphis, Tennessee and Somerville, Massachusetts. Most recently, Rachel served as the Deputy Executive Director for Membership with Amnesty International USA.

Rachel earned her Associates degree from Madison Area Technical College. She went on to earn her Bachelors degree in African American Studies from the University of Wisconsin and her Masters in Public Policy from the Harvard Kennedy School of Government, where she focused on leadership development and non-profit management. Rachel lives in Clinton Hill, Brooklyn with her puggle, Della J. Beanz.

Tabitha St. Bernard-Jacobs
DIRECTOR OF COMMUNITY ENGAGEMENT
she // her // hers

Tabitha is an organizer and entrepreneur who has been with Women’s March since Day 2. She co-founded Youth Empower, the youth arm of Women’s March. Tabitha has been an adult ally to several youth initiatives. In 2018, she organized the 15 members of the Youth Empower team in leading the Enough! National School Walkouts that saw 1.6 million students walk out of schools demanding safety in their schools and communities. Tabitha consulted with Penguin on the kids’ book, Little Activists. Together with 24 other Women's March organizers, Tabitha was recognized as one of Glamour Magazine’s 2017 Women of the Year. She has been featured in the book and exhibit, 200 Women Who Will Change The Way You See The World and was named one of 100 Women Who Stood Up To Trump In His First 100 Days. Tabitha is an ethical fashion entrepreneur and advocate. She has been featured on MTV, in MarketWatch, Al Jazeera, WWD, NowThis, Forbes, Nylon, Bustle and NY1 among others for her work at the intersection of social impact, activism and fashion. She has held talks and contributed to panels about this at several educational institutions including Gettysburg College, the Fashion Institute of Technology, George Washington University, Yale, The New School and DePauw University, to name a few.


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